NEW INDIA ASSURANCE COMPANY Vs. MINA DEVI

JUDGEMENT

(1.) Heard the learned Counsel Mr. Ashok Priyadarshi appearing on behalf of the appellant and Mr. Madhurendra Kumar appearing on behalf of the claimants. This appeal has been filed against the order dated 2nd September, 2009 passed by the Motor Vehicles Claims Tribunal-cum-6th Additional District Judge, Motihari in M.V. Claim No. 39/06 whereby the learned Tribunal allowed the application under Section 140 of the Motor Vehicles Act, 1988 and directed the Insurance Company-appellant to pay Rs. 50,000 to the claimant-respondents.

(2.) The learned Counsel submitted that the learned Court below has not framed any issue regarding the points raised by the Insurance Company and has directed the Insurance Company to pay Rs. 50,000 to the claimants under Section 140 of the M.V. Act. The learned Counsel further submitted that in this case the married sister is the claimant who is not Classes-I heir of the deceased and she was not depending on the deceased and without deciding this matter the impugned order has been passed.

(3.) On the other hand, the learned Counsel for the respondents submitted that the learned Court below has relied upon various decisions of the Hon ble Supreme Court and has held that in absence of the Class-I heir also the legal representatives may also maintain the application.